Wage and Hour Division (WHD)

Minnesota Residential Weatherization Wage Determination

S2009-MN-001
Issue Date: 12/11/2009
Exp. Date: 03/05/2010

This project wage determination is issued in response to a
request from the Department of Energy (DOE) for prevailing wage rates specific
to weatherization of residential structures as those structures are defined in
the All Agency Memorandum 130 and 131. This wage determination has application
only to weatherization construction projects on existing residential structures
as described in the SF 308 submitted by DOE. The primary purpose of the project
for which this wage determination is being issued is weatherization and is not
for the renovation, repair, or new construction of residential structures. All
other types of residential construction projects are subject to the published
general residential wage determinations for the State of Minnesota found
on www.wdol.gov.

General weatherization work for purposes of this wage
determination is defined as minor repairs, batt insulation, blown insulation,
window and door repair, and weather stripping, solar film installation, air
sealing, caulking, minor or incidental structural repairs, duct sealing, air
sealing, installation of light bulbs, and installation of smoke detectors. In Minnesota ,
the Department’s recent survey determined as a matter of prevailing
practice that these duties are performed by a weatherization worker
classification.

Additionally, specialty weatherization work is defined as
the (1) replacement of doors and windows; (2) installation and repair of
furnace/cooling (HVAC) systems and all associated work involved with the
installation of the HVAC system including electrical, pipe, and duct work. In Minnesota ,
the Department’s recent survey determined that the duties described by
(1) above are performed by a Window and Door Replacement Worker, and by (2)
above are performed by an HVAC worker.

Wage payment data submitted for the State of Minnesota
included wage data information for a weatherization crew chief classification.
This classification of worker is essentially a working
foreman who performs the same tasks as the weatherization worker, but who is
responsible for supervision, job oversight, forms completion, work assignments,
and quality assurance. The additional duties are not “laborer or mechanic”
work as defined by the Davis-Bacon and related Acts regulations, but are more
supervisory in nature. The Department issues various classifications of
workers when the duties are defined and distinct from all other classifications
of workers on the wage determination. The “laborer or mechanic” duties of the
crew chief are not sufficiently distinct to warrant the issuance of a separate
classification on the wage determination. Moreover, the Department does not
issue separate wage determinations based on a worker’s skill, experience or
individual training. Therefore, the weatherization crew chief is not listed as
a separate classification of worker. The weatherization crew chief must be
classified as a weatherization worker and paid at least the applicable wage
determination rate of the weatherization worker when performing weatherization
work. There is no restriction however to paying the weatherization crew chief
more than the weatherization worker wage rate listed on the wage determination.

The rates listed on this wage determination are the minimum
rates that may be paid the listed classification for the work performed. Wage
rates are based strictly on work performed and are not based on the employee’s
level of experience, seniority, ability, etc. There are no levels of rates
for this work. Workers performing the work described are due at least the
minimum rates listed.

The following is a key to the chart below. Each county in the state is listed in alphabetical order on the far left side of the chart. There are two main columns separated by a bold line with the left column labeled Weatherization Survey Wage Determination and the right column labeled Existing Residential Wage Determination.

The three classifications listed under the Weatherization Survey Wage Determination column are the classifications and rates determined to be prevailing for weatherization work and are based on wage data submitted in response to the weatherization survey. Weatherization work, as well as the specific duties that may be performed by these three classifications, is defined on this project decision. The rate information under each classification is the basic hourly rate and fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed under the classification column, usually the HVAC Worker, then there was no data or insufficient data from which to establish a rate and/or fringe benefit for that classification. If the work performed by that classification is needed for the project, then an additional classification request (conformance) must be made. NOTE: Classifications and rates listed under the Existing Residential Wage Determination Column may not be used for unlisted classifications/work in the Weatherization Survey Wage Determination column. See below for the procedure for requesting additional classifications and the form to request these classifications.

The classifications listed under the Existing Residential Wage Determination column are those classifications and rates currently published as prevailing on the residential general wage determinations. These wage determinations may be found at
www.wdol.gov. The classifications and rates listed under the Existing Residential Wage Determination column may be used on weatherization projects only in those situations where the work is different than that described for the three classifications listed under the Weatherization Survey Column. For example, when an electrician is needed to perform electrical work not associated with the installation, repair, or overhaul of furnace or cooling equipment, then the existing electrician classification and rate listed under this column may be used for that work. The rate information under each classification is the basic hourly rate and a fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed under the classification column, then there was no data or insufficient data from which to establish a rate and/or fringe benefit for that classification. If that unlisted classification is needed for the project, then a request for an additional classification (conformance) should be made. See below for the procedure for requesting additional classifications and the form to request these classifications.

Any unlisted classifications and rates (conformances) needed
for work not listed on the chart below may be added after award only as
provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The procedure for requesting approval of an unlisted classification and rate
(conformance) as well as a “pdf” copy of the form (SF Form 1444) may be found
at http://www.dol.gov/whd/recovery/.
The SF Form 1444 may be sent to the Department electronically, by facsimile,
or by mail. Electronic submissions should be sent to
09WeatherizationSurvey@dol.gov.
Facsimile submissions should be sent to (202) 693-1432.
Mailed forms should be sent to the address listed in Block 1 of the SF Form
1444. Any SF Form 1444 submitted for weatherization projects should be marked
as being for weatherization projects and the project decision being used for
the project should also be submitted with the SF Form 1444.